This document is scheduled to be published in the Federal Register on 03/09/2015 and available online at http://federalregister.gov/a/2015-05474 , and on FDsys.gov DEPARTMENT OF COMMERCE International Trade Administration A-552-802 Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: In response to requests from interested parties, the Department of Commerce (“Department”) is conducting the administrative review of the antidumping duty order on certain frozen warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”) for the period of review February 1, 2013, through January 31, 2014. The Department selected three mandatory respondents based on a sampling methodology, using the information available at the time of selection. 1 The Department preliminarily determines that sales of subject merchandise by the Minh Phu Group 2 and Thuan Phuoc 3 were made below normal value (“NV”). The Department preliminarily determines that sales of subject merchandise by Fimex VN 4 were not made below NV. Interested parties are invited to comment on these preliminary results. DATES: Effective Date: INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER. FOR FURTHER INFORMATION CONTACT: Bob Palmer, Irene Gorelik, or Alexis Polovina, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade 1 See Memorandum to: James Doyle, Director Antidumping and Countervailing Duty Operations, From: Alexis Polovina, International Trade Compliance Analyst, Office V Enforcement and Compliance, Re: Antidumping Duty Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Respondent Selection Methodology and Sampling Pool for Selection of Respondents, dated October 3, 2014. 2 Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., Minh Phat Seafood Co., Ltd., and Minh Phu Hau Giang Seafood Co., Ltd. (collectively, the “Minh Phu Group”). 3 Thuan Phuoc Seafoods and Trading Corporation (“Thuan Phuoc”). 4 Sao Ta Foods Joint Stock Company (“Fimex VN”).
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This document is scheduled to be published in theFederal Register on 03/09/2015 and available online at http://federalregister.gov/a/2015-05474, and on FDsys.gov
DEPARTMENT OF COMMERCE
International Trade Administration
A-552-802
Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Preliminary Results
of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration, Department of
Commerce
SUMMARY: In response to requests from interested parties, the Department of Commerce
(“Department”) is conducting the administrative review of the antidumping duty order on certain
frozen warmwater shrimp from the Socialist Republic of Vietnam (“Vietnam”) for the period of
review February 1, 2013, through January 31, 2014. The Department selected three mandatory
respondents based on a sampling methodology, using the information available at the time of
selection.1 The Department preliminarily determines that sales of subject merchandise by the
Minh Phu Group2 and Thuan Phuoc
3 were made below normal value (“NV”). The Department
preliminarily determines that sales of subject merchandise by Fimex VN4 were not made below
NV. Interested parties are invited to comment on these preliminary results.
DATES: Effective Date: INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER.
FOR FURTHER INFORMATION CONTACT: Bob Palmer, Irene Gorelik, or Alexis Polovina,
AD/CVD Operations, Office V, Enforcement and Compliance, International Trade
1 See Memorandum to: James Doyle, Director Antidumping and Countervailing Duty Operations, From: Alexis
Polovina, International Trade Compliance Analyst, Office V Enforcement and Compliance, Re: Antidumping Duty
Administrative Review of Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam: Respondent
Selection Methodology and Sampling Pool for Selection of Respondents, dated October 3, 2014. 2 Minh Phu Seafood Corporation, Minh Qui Seafood Co., Ltd., Minh Phat Seafood Co., Ltd., and Minh Phu Hau
Giang Seafood Co., Ltd. (collectively, the “Minh Phu Group”). 3 Thuan Phuoc Seafoods and Trading Corporation (“Thuan Phuoc”).
1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience
and for customs purposes, the written product description, available in the Preliminary Decision
Memorandum, remains dispositive.6
Methodology
The Department conducted this review in accordance with section 751(a)(1)(A) of the
Tariff Act of 1930, as amended (“the Act”). Constructed export prices and export prices were
calculated in accordance with section 772 of the Act. Because Vietnam is a nonmarket economy
within the meaning of section 771(18) of the Act, NV was calculated in accordance with section
773(c) of the Act.
5 See Certain Frozen Warmwater Shrimp From Brazil, India, the People’s Republic of China, Thailand, and the
Socialist Republic of Vietnam: Amended Antidumping Duty Orders in Accordance with Final Court Decision, 76
FR 23277 (April 26, 2011) (“Order”). 6 For a complete description of the Scope of the Order, see Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, titled “Decision Memorandum for Preliminary Results of Antidumping Duty
Administrative Review: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam; 2013-2014,”
dated concurrently with and adopted by this notice (“Preliminary Decision Memorandum”).
3
For a full description of the methodology underlying our conclusions, see Preliminary
Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on
file electronically via the Enforcement and Compliance’s Antidumping and Countervailing Duty
Centralized Electronic Service System (“ACCESS”).7 ACCESS is available to registered users
at http://access.trade.gov and in the Central Records Unit, room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary Decision Memorandum
can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Determination of No Shipments
Based on our analysis of U.S. Customs and Border Protection (“CBP”) information and
information provided by a number of companies, we preliminarily determine that eight
companies8 did not have any reviewable transactions during the POR. In addition, the
Department finds, consistent with its refinement to its assessment practice in non-market
economy cases, that it is appropriate not to rescind the review in part in these circumstances, but
to complete the review with respect to these eight companies and issue appropriate instructions
to CBP based on the final results of the review.9 For additional information regarding this
determination, see the Preliminary Decision Memorandum.
7 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD
and CVD Centralized Electronic Service System (“IA ACCESS”) to AD and CVD Centralized Electronic Service
System (“ACCESS”). The website location was changed from http://iaaccess.trade.gov to http://access.trade.gov.
The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). 8 These eight companies are: 1) Bien Dong Seafood Co., Ltd. (“Bien Dong”); 2) BIM Foods Joint Stock Company;
3) Cafatex Fishery Joint Stock Corporation; 4) Camau Seafood Processing and Service Joint-stock Corporation
The Department finds that 56 companies for which a review was requested have not
established eligibility for a separate rate and, thus, they are considered to be part of the Vietnam-
wide entity for these preliminary results.10
The Department’s change in policy regarding
conditional review of the Vietnam-wide entity applies to this administrative review.11
Under this
policy, the Vietnam-wide entity will not be under review unless a party specifically requests, or
the Department self-initiates, a review of the entity. Because no party requested a review of the
Vietnam-wide entity, the entity is not under review and the entity’s rate is not subject to change.
For companies for which a review was requested and that have established eligibility for a
separate rate, the Department preliminarily determines that the following weighted-average
dumping margins exist:
10
See Appendix II for a full list of the 56 companies; see also Preliminary Decision Memorandum, at 9-10. 11 Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in
Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping
Duty Proceedings, 78 FR 65963 (November 4, 2013).
5
Exporter12
Weighted-
Average
Margin
(percent)
Minh Phu Group:13
Minh Phu Seafood Corp., aka
Minh Phu Seafood Corporation, aka
Minh Phu Seafood Pte, aka
Minh Phat Seafood Co., Ltd., aka
Minh Qui Seafood Co., Ltd., aka
Minh Qui Seafood, aka
Minh Phu Hau Giang Seafood Joint Stock Company
1.50
Sao Ta Foods Joint Stock Company (“Fimex VN”), aka
Sao Ta Foods Joint Stock Company, aka
Fimex VN aka
Sao Ta Seafood Factory aka
Saota Seafood Factory
0.00
Thuan Phuoc Seafoods and Trading Corporation, aka
Thuan Phuoc Corp., aka
Frozen Seafoods Factory No. 32, aka
Seafoods and Foodstuff Factory, aka
Seafoods and Foodstuff Factory Vietnam, aka
My Son Seafoods Factory
1.06
12
Due to the issues we have had in the past with variations of exporter names related to this Order, we remind
exporters that the names listed below are the exact names, including spelling and punctuation which the Department
will provide to CBP and which CBP will use to assess POR entries and collect cash deposits. 13
The Department previously collapsed the companies within the Minh Phu Group in the sixth administrative
review. See Certain Frozen Warmwater Shrimp From the Socialist Republic of Vietnam: Preliminary Results of
Administrative Review, 77 FR 13547, 13549 (March 7, 2012), unchanged in Certain Frozen Warmwater Shrimp
From the Socialist Republic of Vietnam: Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review, 77 FR 55800 (September 11, 2012). In this review, the Department reevaluated the
collapsed entity based on a corporate structure and name change of one of the collapsed companies, Minh Phu Hau
Giang Seafood Co., Ltd. See “Memorandum to the File, through Catherine Bertrand, Program Manager, Office V,
from Irene Gorelik, Senior Analyst, Office V, re; Collapsing Determination for the Minh Phu Seafood Corporation
and its Affiliates, with Minh Phu Hau Giang Seafood Joint Stock Company,” dated concurrently with this notice. In
this memorandum, the Department found that Minh Phu Hau Giang Seafood Joint Stock Company is affiliated with
the the Minh Phu Group group of companies, and that they comprise a single entity. Therefore, we will assign this
rate to the companies in the single entity. The company name and trade names formerly used by Minh Phu Hau
Giang Seafood Joint Stock Company have not been included above, for cash deposit purposes, based on the business
license submitted on the record. However, the former names will be included for liquidation purposes at the
conclusion of this review.
6
Bac Lieu Fisheries Joint Stock Company, aka
Bac Lieu Fisheries Company Limited, aka
Bac Lieu Fisheries Co., Ltd., aka
Bac Lieu Fisheries Limited Company, aka
Bac Lieu Fis
0.93
Bentre Forestry and Aquaproduct Import-Export Joint Stock Company, aka